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Divorce question


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Not sure if anyone knows....My wife and I are divorcing after 20 years...We are in a bit of a financial bind in that we let our credit rating slip among other things. Long story short: I am planning to keep the house and buy her out. She will move into her mothers house (which is vacant)- He mom is in a nursing home but owns a 3 BR house that no one is currently living in. (her sister is executor of the house etc)

My question is- Who sets the amount of rent she will need to pay? Can her mom or sister charge her less than fair market to live there? She cannot afford on her own to pay full marker price of what it would cost another party to live/rent the house (probably 1800 a month). Can her family charge her less behind the scenes? I am curious since I am guessing I will need to supplement her in some way- If she is paying less for rent- does she need to disclose that to me so I don't get screwed??

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VeveCakes

The owner of the house can charge her whatever they want. You are going to need a lawyer for the exact details however.

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SaveYourHeart

If it's a contested divorce, she'll have to provide receipts and proof of bills to determine alimony, but in the long run, the judge determines the amount.

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Mr. Lucky
Can her mom or sister charge her less than fair market to live there? She cannot afford on her own to pay full marker price of what it would cost another party to live/rent the house (probably 1800 a month). Can her family charge her less behind the scenes? I am curious since I am guessing I will need to supplement her in some way- If she is paying less for rent- does she need to disclose that to me so I don't get screwed??

 

So your question is less about what she might pay and more about whether you can believe her?

 

It's a point that needs to be raised by your attorney. The judge may compel her to produced financial and bank records supporting her claims...

 

Mr. Lucky

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yea I guess - and about disclosure- ... Does she have to reveal and produce what she is "really" paying for rent.

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Cephalopod
yea I guess - and about disclosure- ... Does she have to reveal and produce what she is "really" paying for rent.

 

It depends on the divorce agreement and what documentation the court requires her to submit to validate that agreement.

 

I am not understanding your situation. Will you be having to pay her alimony or spousal support?

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I am not sure yet- We have not gotten that far in the divorce. Two of my kids are over 18 and the other is 17..... Was just trying to understand how it works when someone moves into a "family" owned property so to speak. I would guess the less she pays for rent is better for me....(or is it)?

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